HomeMy WebLinkAboutcc min 1988/01/05 MINUTES OF REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, January 5, 1988 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm,
Moore and McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris,
Assistant City Attorney Rudolph
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
Mayor Cox pointed out that page 11 of the December 15th Minutes
should reflect a correction that the Mayor pro Tempore opened the
public hearing, rather than the Mayor.
MSC (McCandliss/Moore) for approval of the adjourned meeting of
November 17, 1987, the regular meeting of December 8, and approval
as amended for the regular meeting of December 15, 1987.
(Mayor Cox abstained on approval of the December 15th minutes
because of his absence from the meeting.)
2. SPECIAL ORDERS OF THE DAY None
CONSENT CALENDAR 13a - 17)
Items pulled: 5; 8a, b, and c; 9; 15,; 16; 17. Mayor Cox stated
that item 4 requires a 4/5 vote because is an appropriation item.
NSC IMoore/McCandliss) for approval of the balance of the Consent
Calendar, the readings of the text were waived by unanimous
consent, passed and approved. (Mayor Cox abstained on item 10;
Councilman Malcolm registered a "no" vote against the Rancho del
Rey Development (item ll), and Mayor Cox abstained on item ll
because he was absent for the public hearing discussion)
3. WRITTEN COMMUNICATIONS
3a. REOUEST THAT THE CITY ASSURE ALL NEW SIDEWALKS ARE FLAT RATHER
THAN SLOPED AS IS CONSTRUCTED WHEN COORDINATED WITH A DRIVEWAY
(George Moore Chaikin, 141 East Mountain View Road, Chula Vista)
Council directed staff to discuss the issues further with Mr.
Chatkin.
MINUTES - 2 - January 5, 1988
b. REQUEST THAT ALL BUSINESSES BE REQUIRED TO INSTALL BENCHES
OUTSIDE THEIR ENTRY (George Moore Chaikin, 141 East ~lountain
View Road, Chula Vista)
Council directed staff to draft a letter to Mr. Chaikin for the
Mayor's signature regarding benches now provided outside
businesses in the Town Centre area.
c. REQUEST FOR THE CITY'S PARTICIPATION BY SANDAG'S REGIONAL
RECYCLING STRATEGY ADVISORY COMMITTEE TO COORDINATE PROGRAMS IN
THE REGION {Councilwoman Judy McCarty, Chair; and Supervisor
Susan Golding, Vice Chair, San Diego Association of Governments,
1200 Third Avenue, Suite 524, San Diego, 92101)
Council directed staff to notify SANDAG that the City is
interested in participating on the Regional Recycling Strategy
Advisory Committee and a member will attend the January 21 meeting.
d. QUESTION OF VILLA MARTINIQUE HOMEOWNERS ASSOCIATION RELATIVE
TO COMPETITIVE BIDDING ON COMMERCIAL ACCOUNTS ILinda R. Drapeau,
Senior Property Manager, Curtis Management Company 10455 Sorrento
Valley Road, Suite 102, San Diego, CA 92121)
Council accepted Ms. Drapeau's letter and directed that it be
filed. The Finance Director has replied to Ms. Drapeau explaining
the City's franchise agreement with Laidlaw Disposal Company for
both residential and commercial trash collection.
e. SUGGESTION THAT THE RESIDENT MEMBER OF THE CHULA VISTA
MOBILEHOME ISSUES COMMITTEE, WHO HAS SERVED THE LONGEST, RESIGN
AND THAT THE COUNCIL APPOINT A RESIDENT OF MINORITY BACKGROUND WHO
RESIDES IN THE SMALLER PARKS - (R. C. Flaugher, President, Mobile
Association P.A.C.)
Council directed staff to draft a letter for the Mayor's signature
in response to Mr. Flaugher, whose letter is being forwarded to
the Mobilehome Issues Committee for their information and
explaining that the members are appointed to this Committee by
park owners and park residents and not the Council.
f. INVITATION TO APPROACH THE COUNTY WITH PROPOSALS WHICH ADDRESS
THE COUNTY'S FACILITY NEEDS IN A MANNER THAT IS MUTUALLY COST
BENEFICIAL TO THE COMMUNITY AND THE COUNTY - (Chairman Brian P.
Bilbray, San Diego County Board of Supervisors, 1600 Pacific
Highway, Room 335, San Diego, CA 92101}
Council directed staff to prepare a letter for the Mayor's
signature to Chairman Bilbray and Mr. Robinson noting the City's
active participation in the past for the additional court
facilities and willingness to cooperate in future ventures.
MINUTES 3 January 5, 1988
g. CLAIMS AGAINST THE CITY:
Claimant No. 1: FOR PERSONAL INJURIES AND PROPERTY DAMAGE
CAUSED BY A TRAFFIC ACCIDENT ON AUGUST 1~, 1987 AND ALLEGING
FAULTY ENGINEERING OF THE INTERSECTION AND TRAFFIC SIGNALS Ms.
Mary L. Buchanan, c/o Roger V. Stebleton, Attorney at Law, 275 E.
Douglas Avenue, Suite 108, E1 Cajon, CA 92020
Council denied the claim.
Claimant No. 2: FOR PERSONAL INJURIES AS A RESULT OF AN
ACCIDENT ON AUGUST 24, 1987 IN THE CITY OF IMPERIAL 8EACH WITH A
SANITATION TRUCK BEING "OWNED" BY CHULA VISTA SANITATION Ms.
Lynn Winnie, c/o Mark Silver, Attorney at Law, 401 West A Street,
Suite 1300, San Diego, 92101
Council denied the claim.
4. RESOLUTION 13398 ACCEPTING BIDS AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL INSTALLATION AND MINOR
STREET IMPROVEMENTS AT EAST "H"
STREET/BUENA VISTA WAY AND APPROPRIATING
FUNDS THEREFOR (Director of Public Works)
Bids were received from three qualified electrical contractors to
modify the intersection. Council accepted the bids and awarded
the contract to low bidder, M.C.R. Electric of Imperial Beach in
the amount of $67,210 and appropriated $28,500 from the Traffic
Signal fund.
5. RESOLUTION 13304 ACCEPTING GRANT OF EASEMENT FROM
UNIVERSITY OF MINNESOTA FOUNDATION FOR
STREET TREE PURPOSES ALONG THE WEST SIDE
OF THIRD AVENUE AND THE SOUTH SIDE OF
ORANGE AVENUE (Director of Public
Works/City Engineer)
Pulled from the Consent Agenda.
6. RESOLUTION 13399 REMISING, RELEASING AND QUITCLAIMING
CERTAIN REAL PROPERTY IN SAID CITY TO KIDS
UNLIMITED, INC. FOR AN EASEMENT ACROSS
KIDS UNLIMITED-OWNED PROPERTY AND
AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM
DEED (Director of Public Works/City
Engineer)
Since the excess remainder of the two parcels were sold to Kids
Unlimited, Inc., the City is no longer in need of these
easements. The City owns the right-of-way for Telegraph Canyon
Road and the drainage channel in fee. Council authorized the
Mayor to execute the attached Quitclaim Deed.
MINUTES - 4 - January 5, 1988
7. RESOLUTION 13400 APPROVING TEMPORARY CLOSING OF "L" STREET
NEAR I-5 FREEWAY, AT THE MTDB TROLLEY
CROSSING (Director of Public Works/City
Engineer)
MTDB's contractor will be adjusting the Trolley tracks and
reconstructing the crossing at "L" Street. It is their intention
to perform this work on two consecutive weekends. Council adopted
the resolution authorizing the temporary closing of "L" Street to
through traffic during the weekends of January 8, 1988 and January
15, 1988.
8a. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT
87-7, BEL AIR RIDGE, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE EASEMENTS GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION,
APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Public Works/City
Engineer)
b. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND NADFT TO PARTICIPATE IN A
FACILITIES BENEFIT DISTRICT AND AGREE NOT
TO PROTEST FORMATION OF ASSESSMENT
DISTRICT 87-1 (EAST "H" STREET)
c. RESOLUTION ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES, LOCATED AT EAST "J"
STREET AND DORADO WAY
Pulled from the Consent Agenda.
9. REPORT REQUEST BY RESIDENTS FOR ALTERNATE ROUTE
FOR CONSTRUCTION TRAFFIC AND EXTENSION OF
COLLECTOR ROADS TO PROVIDE PERttANENT
TRAFFIC SOLUTIOtJ FOR NEIGHBORHOOD
(Director of Planning)
Pulled from the Consent Agenda.
10. RESOLUTION 13401 APPROVING PROPOSED BUDGET AND ACHIEVEMENT
REPORT FOR THE DOWNTOWN IMPROVEMENT
DISTRICT (Director of Finance)
Council approved the proposed 1988 budget and accepted the 1987
report of achievements as submitted in accordance with City
Ordinance No. 1885. The proposed budget for 1988 is $22,840; the
1987 budget was $22,552. Special Assessment receipts for 1988 are
estimated to be $23,000; no cash flow problem is anticipated since
80% of the total receipts usually occur in the first quarter of
the calendar year.
MINUTES 5 - January 5, 1988
ll. ORDINANCE 2244 ADOPTING THE RANCHO DEL REY SPA I PLANNED
COMMUNITY DISTRICT REGULATIONS - SECOND
READING
Council placed the Ordinance on First Reading at its meeting of
December 15, 1987. The Regulations provide parameters and with
utilization of the design guidelines will provide the 'precise
implementation standards for this project.
12. ORDINANCE 2245 ADOPTING THE DEVELOPMENT AGREEMENT FOR
RANCHO DEL REY SPA I SECOND READING
Council placed the Ordinance on First Reading at its meeting of
December 15, 1987. The agreement acknowledges that the Rancho del
Rey Partnership agrees to provide the facilities and improvements
identified in the SPA plan and its support documents while the
City agrees on certain approval parameters contained in the same
documents.
13. ORDINANCE 2246 AMENDING ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 0.59 ACRES LOCATED
WESTERLY OF OTAY LAKES ROAD BETWEEN
RIDGEBACK ROAD AND EAST "H" STREET TO P-C
AND C-C-P (SECOND READING) (Director of
Planning)
Council placed the Ordinance on First Reading at its meeting of
December 15, 1987, which ordinance adjusts the zone boundary
between the Planned Community and the Central Commercial with
Precise Plan zones in order to accommodate the proposed Bonita
Point Plaza commercial center at the northwesterly corner of East
"H" Street and Otay Lakes Road.
14. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT
NO. 19 CORONA VISTA (Director of Public
Works/City Engineer)
RESOLUTION 13402 APPROVING PRELIMINARY REPORT AND DECLARING
THE CITY'S INTENTION TO ESTABLISH CHULA
VISTA OPEN SPACE DISTRICT NO. 19 AND
SETTING THE TIME AND PLACE FOR A PUBLIC
HEARING THEREON
The proposed subdivision consists of 14 single family residential
lots and two open space lots (A and B) located northeast of Otay
Lakes Road at the southeast terminus of Camino Elevado. Council
adopted a resolution declaring its intention to form the proposed
open space district at a public hearing on the proposed district
as January 26, 1988, at 7 O0 i the City Council Chambers in
: p.m. n
accordance with Section 17.08 of the Municipal Code.
15. REPORT REGARDING PROHIBITING LEFT TURNS FROM FIG
AVENUE TO "H" STREET (Director of Public
Works/City Engineer)
Pulled from the Consent Agenda.
MINUTES - 6 - January 5, 1988
16. REPORT POLITICAL CONTRIBUTIONS AND CAMPAIGN
SPENDING {City Attorney)
Pulled from the Consent Agenda.
17. RESOLUTION ADOPTING THE CHULA VISTA SOCIAL SERVICES
PLAN WITH AMENDMENT {Community Development
Director)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18. PUBLIC HEARING CONSIDERATION OF AMENDMENT #3 TO THE
CERTIFICATION OF CHULA VISTA LOCAL COASTAL
PROGRAM {Continued from the Meetings of
November 24 and December 8, 1987)
{Community Development Director)
a. RESOLUTION AMENDMENT #3 TO THE CERTIFIED CHULA VISTA
LOCAL COASTAL PROGRAM
b. ORDINANCE AMENDING CHULA VISTA BAYFRONT SPECIFIC PLAN
LCP Amendment #3 is being incorporated into the revised Local
Coastal Program. A report on the contents of the revised LCP has
been prepared for the January 7, 1988 Redevelopment Agency
meeting, and staff requests that this public hearing be
cancelled.
MSUC (Cox/McCandliss) to cancel the public hearing.
19. PUBLIC HEARING AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING THERETO A NEW
SECTION 19.70.018 REQUIRING APPROVAL OF A
MAJOR USE PERMIT TO OPERATE CARDROOMS
WITHIN MONTGOMERY {Director of Planning)
ORDINANCE 2247 AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING THERETO A NEW
SECTION 19.70.018 REQUIRING APPROVAL OF A
MAJOR USE PERMIT TO OPERATE CARDROOMS
WITHIN MONTGOMERY - FIRST READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
MINUTES 7 - January 5, 1988
Director of Planning Krempl report that the immediate concern by
staff was not whether or not a cardroom might be reasonably
located within the Montgomery area, but the lack of appropriate
planning and zoning review mechanisms in place at this time.
Processing of a "permanent" zoning text amendment would eliminate
the need to renew interim measures with time limitations,
repeatedly, in anticipation of implementation of the Montgomery
Specific Plan. Once the Specific Plan is implemented, the present
ordinance will be replaced by a permanent regulatory system which
will address the issues associated with cardrooms.
Staff recommended that Council:
1. Find that this project will have no significant
environmental impacts and adopt the Negative Declaration
issued on IS-88-30M; and
2. Amend Title 19 (Zoning) of the Municipal Code to permit
the location of cardrooms within Montgomery subject to
approval of a major use permit as shown in staff's report
to Council.
Councilman Malcolm stated his opposition to cardrooms in any
section of the City. Director Krempl reiterated that the intent
of the ordinance is to preclude cardrooms moving into Montgomery
without a major use review.
Councilmembers discussed the issue as well as the goal to have the
same set of rules for the Montgomery area as for the rest of the
City of Chula Vista.
No member of the public appeared to speak for or against this
item, and Mayor Cox declared the public hearing closed.
ORDINANCE OFFERED BY COUNCILMAN MOORE, the reading of the text was
waived by unanimous consent, passed and approved. (Councilman
Malcolm voted no)
20. PUBLIC HEARING CONSIDERATION OF THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF
A 2100 SQUARE FOOT MODULAR BUILDING AND
PARKING LOT AT THE SOUTH BAY SDG&E POWER
PLANT (Director of Community Development)
(to be continued to January 12, 1987)
It is recommended by staff that this item be continued to the City
Council meeting of January 12, 1988, to provide San Diego Gas &
Electric Company with additional time to provide updated soils
information on the project site.
MSUC (Cox/Nader) to continue to the meeting of January 12, 1988.
MINUTES 8 - January 5, 1988
21. PUBLIC HEARING TO CONSIDER A REQUEST FOR THE DEFERRAL OF
THE UNDERGROUNDING OF OVERHEAD ELECTRICAL
FACILITIES AT 72 WALNUT DRIVE (Director of
Public Works/City Engineer)
RESOLUTION 13203 APPROVI~IG THE DEFERRAL OF AN
UNDERGROUNDING REQUIREMENT FOR OVERHEAD
WIRES AT 72 WALNUT DRIVE, APPROVING AN
AGREEMENT WITH THE CHULA VISTA
CONGREGATION OF JEHOVAH'S WITNESSES NOT TO
PROTEST THE FORMATION OF AN UNDERGROUNDING
DISTRICT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Recently the owners of the subject property applied for a building
permit to construct a church at 72 Walnut Drive. Section 15.32 of
the Municipal Code requires the owner to place the existing
overhead wires underground within the limits of the property. The
owners have undergrounded the electrical facilities for the new
construction. The subject of this deferral is the remaining
overhead lines on the southerly end of the property.
The agreement with the City requires that the applicant waive the
right to protest the formation of any future undergrounding
district and to participate in the district in the event such
formation occurs.
James Moore, Jehovah Witnesses representative, withdrew his
requiest to speak in view of the staff recommendation.
There being no others to speak for or against this item, the Mayor
declared the public hearing closed.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent.
Councilman Malcolm opposed the staff recommendation stating his
belief that the area needs cooperation and help from the City, and
that there should be one set of standards throughout the City.
Director of Public Works Lippitt reported on the procedures
followed by using SDG&E money for undergrounding in the public
right of way, and the property owner is required to pay for the
undergrounding within their property limits. The City has a
policy to use a certain amount of money each years; and it is
unlikely that an older residential street will ever be
undergrounded because the areas with traffic problems are first
set for undergrounding.
RESOLUTION, AS PREVIOUSLY OFFERED BY COUNCILMAN McCANDLISS, and
read, passed and approved. (Councilman Malcolm voted no)
MINUTES 9 - January 5, 1988
22. ORAL COMMUNICATIONS
a. Lawrence Fitzpatrick, 822 Second Avenue, Chula Vista, 92011,
presented pictures to the Councilmembers explaining how the City
replaced a bottle brush tree with a pepper tree at his residence.
Mr. Fitzpatrick explained his frustration with City procedures
over the last five months in attempting to having the pepper tree
stump removed.
Mayor Cox explained the City's protective pride in its trees and
the designation of Chula Vista as "Tree City USA" as well as
appreciation for the manner in which Mr. Fitzpatrick took this
"excessive" delay.
MSUC {Cox/McCandliss) that this matter be referred to staff with a
written report to come back to Council, as well as an oral report
concerning the excessive delay.
PULLED ITEMS
5. RESOLUTION 13404 ACCEPTING GRANT OF EASEMENT FROM
UNIVERSITY OF MINNESOTA FOUNDATION FOR
STREET TREE PURPOSES ALONG THE WEST SIDE
OF THIRD AVENUE AND THE SOUTH SIDE OF
ORANGE AVENUE {Director of Public
Works/City Engineer)
It is recommended that Council accept the street tree easement
from the University of Minnesota Foundation of the 5.5 foot strip
of land for street tree purposes, which easement was one of the
conditions placed upon the Tentative Parcel Map.
Director of Public Works Lippitt explained the amended Resolution
presented to Council was a minor point, being that the person who
signed the grant of easement did not state that he was an office
of the Corporation.
RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed and approved.
/Councilman Malcolm absent)
8a. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT
87-7, BEL AIR RIDGE, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE EASEMENTS GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION,
APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Public Works/City
Engineer)
MI~UTES lO - January 5, 1988
b. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CI?Y OF
CHULA VISTA AND NADFT TO PARTICIPATE IN A
FACILITIES BENEFIT DISTRICT AND AGREE NOT
TO PROTEST FORMATION OF ASSESSMENT
DISTRICT 87-1 (EAST "H" STREET)
c. RESOLUTION ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES, LOCATED AT EAST "J"
STREET AND DORADO WAY
Approval of the map constitutes acceptance of all drainage and
tree planting easements within the subdivision and acceptance on
behalf of the public of East "J" Street, Cordova Drive, Cordova
Court, Dorado Way, and Dorado Court; and also constitutes
acceptance of Lot "A" for open space, public utilities and other
public uses.
James G. Adams, 701 Palomar Road, Apt. 220, Carlshad, representing
Daly Nomes of California, stated that some issues are not
completely resolved, such as the Facilities Benefit District and
the Ordinance to modify setbacks on homes with three car garages.
Mr. Adams requested continuance until after the issues have been
discussed with staff.
MSUC ICox/McCandliss) to continue the item for two weeks to the
meeting of January 19, 1988. (Councilman Nader out)
9. REPORT REQUEST BY RESIDENTS FOR ALTERNATE ROUTE
FOR CONSTRUCTION TRAFFIC AND EXTENSION OF
COLLECTOR ROADS TO PROVIDE PERMANENT
TRAFFIC SOLUTION FOR NEIGHBORHOOD
{Director of Planning)
Staff recommends that Council direct staff to:
1. Determine a final alignment for East "J" Street for the
provision of access to the work site for private and
commercial construction vehicles.
2. Work with area land owners or developers to grade and
construct a temporary construction roadway into the job site
from Paseo Ladera.
3. That the future traffic from the development area be accepted
on the existing roadway system as supplemented by the project
streets as a matter of normal utilization of the circulation
system.
Director of Planning Krempl reported the progress made on the
issues in question, pointing out the area on slides.
MINUTES ll ~ January 5, 1988
Director Krempl read a portion of letter from Terra Industries
addressing the issues which stated their consideration of a
temporary and conditional access in association with the
construction traffic of the project over the residential property,
proposal that East J Street be temporarily connected to the
portion presently improved adjacent to our property, and that they
are prepared to bear the expense of the clearing and maintenance
of a temporary 20' wide service road. The Director also commented
on long term traffic and that, in the Engineering Department's
estimate, the design capacity of the roads is well within the
range to handle the traffic safely.
Councilman Malcolm addressed the completed environmental impact
study, and Director Krempl confirmed the facts but that the
construction traffic is not normally an issue on an EIR but rather
that the matter is left to regulate by City staff.
George Hartman, 1034 Paseo Entrada, thanked the Planning staff for
the thoroughness of the report and for Councilwoman McCandliss'
concerns and visit to the site.
Jeff Jenkins, 1128 del Rio Court, 92010, spoke in opposition,
stating that the most logical way, in his opinion, would be to
build the street while the Mission Village project is in
progress. Secondly, Mr. Jenkins stated his concern relative to a
Tentative Map.
Ken Rowles, 1141 Taxco Court, reported that when the Bel Air
Subdivision goes in, heavy equipment will also be in that area,
and suggested a cost analysis be done on the cost of extending the
entire area at that time.
Councilman Nader commented that the environmental impact noise and
the impacts of construction traffic should be put before Council
at the EIR stage.
MSUC /Moore/Malcolm) to accept the report and the staff
recommendations.
5. REPORT REGARDING PROHIBITING [EFT TURNS FROM FIG
AVENUE TO "H" STREET IDarector of Public
Works/City Engineer)
Staff recommended that the Council accept the report and not
prohibit left-turns from Fig to "H" Street; removal of an
additional 50 feet of parking on the east and west side of Fig
Avenue south of its intersection with "H" Street to add a right
turn lane; and to install "Keep Clear" pavement markings and signs
on "H" Street at its intersection with Fig Avenue. Director of
Public Works L~ppitt suggested an alternative to leave the street
as it is and prohibit parking on the SDG&E side since they do not
have a problem with red curbing on their property and try this for
a three month period.
MINUTES 12 - January 5, 1988
MS (Moore/Nader) to accept the report and suggestions as stated by
staff.
Ed Brodie, 543 Fig, stated his concern relative to the dangerous
traffic flow in the area, suggesting the prohibition of parking
during business hours.
SUBSTITUTE MOTION
MS IMcCandliss/Nader) to accept the original staff recommendation
to red curb both sides.
Director Lippitt questioned and confirmed that the motion includes
the striping.
Councilmember Moore stated concern with taking away parking spaces
of well-established businesses. Mayor Cox stated his intent to
vote against the substitute motion and for Councilman Moore's
original motion.
SUBSTITUTE MOTION RESTATED
MSC (McCandliss/Nader) to accept the original staff recommendation
to red curb both sides. /Mayor Cox and Councilman Moore voted no)
16. REPORT POLITICAL CONTRIBUTIONS AND CAMPAIGN
SPENDING (City Attorney)
The City Attorney recommended that Council direct staff to
calendar meetings of the Charter Review Committee to discuss
campaign contribution regulations; and to inform staff of any
proposals individual Councilmembers would wish to be considered.
Councilmembers discussed the issue and the advisability to
schedule a meeting within the guidelines set and that research
with other cities' efforts be accomplished, as well as what has
been addressed by the League of California Cities, before the
discussion at a Council Conference.
Mayor Cox requested the City Clerk to make copies of this item to
be included in the Council packet for discussion at a future
scheduled meeting.
MSUC IMcCandliss/Moore) to schedule the item for a Council
Conference on February 25, 1988 to discuss the various types of
campaign reform issues and to invite the members of the Charter
Review Commission to attend, and with the results of the
Conference being referred to the Charter Review Commission.
MINUTES 13 - January 5, 1988
17. RESOLUTION ADOPTING THE CHULA VISTA SOCIAL SERVICES
PLAN WITH AMENDMENT ICommunity Development
Director)
Director Desrochers reported that although the Plan was originally
approved for funding primarily to assist the City with its CDBG
social service funding process, the Plan has since come to be
looked upon by many of the community leaders who helped put it
together as a possible springboard for addressing the most
pressing human service needs in Chula Vista.
Staff recommended Council (1) adopt the resolution and 12) direct
staff to seek proposals for a consultant for six months to assist
in the establishment and development of the Chula Vista Human
Services Task Force.
Director Desrochers expressed his concerns as to whether capital
facilities should be reported by the City and whether a staff
position should be funded by the City, stating the history of the
City providing funding to social services programs. Request is
also made to be allowed to use Community Development Block Grants
for six months for provision of staffing of the Social Services
Task Force to carry out the program.
A1 Pressutti, 917 Nolan Way, Chula Vista 92011, stated the support
of the Commission on Aging but stressed the need for a leader to
help meld focuses.
MS (McCandliss) to continue this item for one week for discussion
and to accept staff's recommendation No. 1
Councilwoman McCandliss recognized two major goals some kind of
periodic review of social service needs, and the goal of
coordinating community agencies needs with the resources of the
County programs to prevent overlapping services and to better use
the funding than to hire a consultant.
Mayor Cox requested staff to come back with a recommendation in
writing as to the best way they perceive the establishment of a
Task Force, and to consider Councilman Nader's suggestion to allow
the Human Relations Commission to designate some of the Task Force
members from its membership.
23. REPORT OF THE CITY MANAGER
a. Congratulated all who participated in the United Way Campaign;
b. Congratulated all who participated in the Chula Vista Toy and
Food Drive and complimented S~d Morris, Marry Chase and Sam Lopez
for their leadership;
c. Pointed our the major changes accomplished in the Park and
Recreation brochure, and complimented Director Manuel Mollinedo.;
MINUTES 14 - January 5, 1988
d. Referred to the scheduled meeting dates for January and
expressed desire to include a date for the Community Forum at
Lauderbach Center, stating that the Council secretary will
telephone Councilmembers to discuss a convenient date; and
e. Requested a closed session at the conclusion of this meeting
to discuss personnel matters.
24. MAYOR'S REPORT
a. Port Commissioner's Appointment was addressed by the Mayor
relative to statements made by Councilmember Malcolm to the press
and the need to correct the record. The Mayor verbally presented
a chronological sequence of events on the subject beginning with
the creation of the Unified Port District on November 6, 1962 and
including C. R. Campbell's 14+ years on this Commission. He read
an excerpt of the February 12, 1987 minutes emphasizing that no
action on the reappointment of a commissioner was taken at that
time but that Council would consider the appointment again on
January 1, 1988 with Mr. Creaser continuing in the interim.
An allegation made by Councilmember Malcolm and published in the
newspapers that the Mayor had directed the City Clerk not to put
the matter on the agenda was stated as being false, and the Mayor
pointed out that the City Clerk takes direction from a quorum of
the Council and not from any one member. Further, by checking
with each of the Port Commissioners, the Mayor confirmed that no
statements were made by any Port Commissioner to anyone concerning
the reappointment of Port Commissioner Creaser.
The Mayor reminded that Council voted in 1987 that the Port
Commission appointment position not be limited to a two term
limitation. Mayor Cox stated his hopes of very positive things
happening in the coming year for Chula Vista's bayfront; the fact
that, although Mr. Creaser has very ably represented the City of
Chula Vista that he is not the only person who could do that, but
certainly he is the best choice in view of his experience with the
projects coming before the City.
~IS (Cox/Moore) reaffirm the position that the Council took last
year that the two term limitation does not apply for the Port
District.
Councilman Malcolm stated his belief that there was a direction
given to the City Clerk which violated the City's policy by not
immediately posting the position upon vacancy; and stated that he
further reported his concerns to the City Clerk and the Vice
~ayor. The Mayor pointed out to the Councilman that the position
of Port Commissioner is not subject to the posting requirement of
the Maddy Act since the position was not created by the Council
but by the State Legislature.
MINUTES - 15 January 5, 1988
Assistant City Attorney Rudolph stated the two term limit for the
Port Commissioner position did not apply because the language in
the City Charter limited itself to boards and commissions as
established by the Charter and boards and commissions as
established by the City Council" Since the Port Commissioner
position is neither of those, the reference to "such advisory
boards and commissions" is not applicable.
Councilmember McCandliss stated her belief that there may have
been a consensus of Councilmembers for someone to serve a six
months apprenticeship and the danger when formal direction does
not exist. By the lack of this, the City Clerk did not feel there
was direction to post. The issue at hand remains that the two
term provision was not part of the Charter provision for this
position. Circumstances have changed since Council last discussed
this issue, acceptance that it is not part of the Charter should
be made, but that Council cannot deny that the voters did make a
strong statement in favor of a two term limitation generally.
This important position should not be taken lightly and Council
should now move forward to appoint a Commissioner to work with the
present Port Commissioner Creaser and the Mayor who have both been
strong forces working with the Port. The Councilwoman stated,
because of her belief that this issue is not part of the Charter,
that the community has made a statement and it is the Council's
job is to build a case for why an extension or new appointment
should be exempted from the general concept of a two term
limitation.
Councilman Nader spoke his reasons for not supporting the motion
on the floor as centering oo his belief that public service should
not be restricted to a number of terms. Council has taken
different positions on several occasions as reflected by the
minutes, and the Councilmember stated he had a problem with
chan~ing policy at the time that a reappointment is being
considered.
Councilmember Moore stated his belief that the Port Commissioner's
vote would be for what is best for the City and emphasized the
benefits of a regional appointment not being reflected in the
Charter since the position is relatively a "one of a kind"; when
vacated there remains no continuity to pursue the projects at hand.
Councilman Malcolm stated he recalled that the issue was a
compromise which had been reached that the term should be extended
for only one year. He agreed that it is a well learned lesson to
formalize motions since intents do not show in the minutes.
MINUTES 16 - January 5, 1988
MOTION RESTATED
MS {Cox/Moore) reaffirm the position that the Council took last
year that the two term limitation does not apply for the Port
District. {Motion Failed: Councilmembers Nader, Malcolm,
McCandliss voted no.)
Mayor Cox stated his intent for the following motion is to clarify
the issue in view of the failure of his previous motion.
M/Cox) to state that the two term limitation does apply.
Councilman Nader suggested, in place of the motion, that the Clerk
be directed to post the vacancy and to put off consideration of
the policy for a year or so. The Assistant City Attorney
clarified that Mr. Creaser's appointment remains until a
subsequent appointment is made.
MS {Malcolm/Nader) to apply the two term limitation to the Port
Commissioner as a matter of policy and that this policy will be
reviewed as requested by Councilman Nader within the next twelve
months.
r~OTION CLARIFIED
MSC (Malcolm/Nader) that the policy of two term limitation applies
to the Port Commissioner appointment and that the policy will be
reviewed as requested by Councilman Nader within the next twelve
months. /Mayor Cox and Councilman Moore voted no)
MSUC {Cox/McCandliss) to direct the City Clerk to post a vacancy
for the Port Commissioner and to accept applications with a cut
off date through January 31, 1988.
Councilmen Moore and Malcolm stated that the names of qualified
persons could be submitted by Councilmembers whether or not a
formal application has been received. The Mayor entertained a
motion to clarify the nomination selection process but none ws
made.
In answer to a question by the City Manager relative to a City
Councilmember's application for the position, Mayor Cox stated a
previous opinion of the City Attorney was that the position of
Counmcilmember and Port Commissioner would be incompatible offices.
MSC /Cox/Malcolm) to direct the City Attorney {1)to transmit an
opinion on the stated question, if it exists, to the San Diego
City Attorney and /2) to direct the City Attorney to seek an
opinion from the Attorney General's Office with the understanding
that a lot of staff time should be not spent on the question.
{Councilmember Nader abstained since he is employed by the
Attorney General's office))